HB1432 (2016) Detail

Including the legislature as a public employer under the public employee labor relations act.


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HB 1432-FN - AS INTRODUCED

 

2016 SESSION

\t16-2172

\t06/09

 

HOUSE BILL\t1432-FN

 

AN ACT\tincluding the legislature as a public employer under the public employee labor relations act.

 

SPONSORS:\tRep. Cushing, Rock. 21; Rep. DiSilvestro, Hills. 9; Rep. Ley, Ches. 9; Rep. Rogers, Merr. 28; Rep. Myler, Merr. 10; Sen. Woodburn, Dist 1; Sen. Feltes, Dist 15; Sen. Soucy, Dist 18; Sen. Fuller Clark, Dist 21; Sen. D'Allesandro, Dist 20

 

COMMITTEE:\tLegislative Administration

 

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ANALYSIS

 

\tThis bill  adds the legislature to the definition of public employer under RSA 273-A, the public employee labor relations act.

 

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Explanation:\tMatter added to current law appears in bold italics.

\t\tMatter removed from current law appears [in brackets and struckthrough.]

\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

\t16-2172

\t06/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\tincluding the legislature as a public employer under the public employee labor relations act.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

\t1  Legislative Facilities Committee; Reference to Collective Bargaining Added.  Amend RSA 17-E:5 to read as follows:

\t17-E:5  House and Senate Subcommittees.  The house members, with the speaker as chairperson, shall be a subcommittee for legislative management for the house; and the senate members, with the president as chairperson, shall be a subcommittee for legislative management of the senate.  All transfers within the house or senate appropriations and all salaries of legislative attaches and other employees unless covered by a collective bargaining agreement under RSA 273-A, or otherwise specifically provided by statute shall require the approval of the respective subcommittee.  The salaries as determined hereunder shall be a charge upon the appropriation made for the legislature.

\t2  Board of the Public Employer; Legislature.  Amend RSA 273-A:1, II(a) to read as follows:

\t\t\t(a)  For purposes of this chapter:

\t\t\t\t(1)  The board of the public employer for executive branch state employees means the governor and council.

\t\t\t\t(2)  The board of the public employer for the judiciary means the chief justice of the supreme court with the advice and consent of the judicial branch administrative council appointed pursuant to supreme court rule 54.

\t\t\t\t(3)  The board of the public employer for the legislature means the joint committee on legislative facilities established in RSA 17-E.  Joint employees of the legislature shall negotiate with the joint committee; employees of the house and senate shall negotiate with the respective subcommittees.

\t3  Public Employer; Legislature Added.  Amend RSA 273-A:1, X to read as follows:

\t\tX.  "Public employer'' means the state and any political subdivision thereof, the legislative and judicial [branch] branches of the state, any quasi-public corporation, council, commission, agency or authority, the state community college system, and the state university system.

\t4  New Section; Bargaining by Legislative Employees.  Amend RSA 273-A by inserting after section 9-b the following new section:

\t273-A:9-c  Bargaining by Legislative Employees.

\t\tI.  In this section, "nonpartisan employees" mean those employees whose purpose is to serve the institution of the general court rather than to shape and implement policies that reflect the positions of elected officials.  Nonpartisan employees shall include employees in the following offices: legislative accounting, legislative budget assistant, legislative operations and maintenance, nurse, general court information systems, visitors center, legislative services, security, house and senate research and secretarial staff, clerks, and the sergeant-at-arms and staff.

\t\tII.  All cost items and terms and conditions of employment affecting legislative employees generally shall be negotiated by the legislature, represented by the joint committee on legislative facilities, with a single employee bargaining committee comprised of exclusive representatives of all interested bargaining units.  Negotiations regarding terms and conditions of employment unique to individual bargaining units shall be negotiated individually with the representatives of those units by the committee.

\t\tIII.  The joint committee on legislative facilities may designate an official legislative negotiator who shall serve at the pleasure of the committee.

\t5  Effective Date.  This act shall take effect January 1, 2017.

 

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\t\t\t\t\t\t\t\t\t\t\t16-2172

\t\t\t\t\t\t\t\t\t\t\t11/13/15

 

HB 1432-FN- FISCAL NOTE

 

AN ACT\tincluding the legislature as a public employer under the public employee labor relations act.

 

 

FISCAL IMPACT:

The Legislative Branch states this bill, as introduced, may have an indeterminable fiscal impact on state expenditures in FY 2017 and each year thereafter.  There will be no fiscal impact on state, county, and local revenue or county and local expenditures.

 

METHODOLOGY:

The Legislative Branch states this bill adds the legislature to the definition of public employer under RSA 273-A, the public employer labor relations act.  This bill specifies joint employees of the legislature shall negotiate with the joint legislative facilities committee and employees of the house and senate shall negotiate with the respective subcommittees.  Under this bill, the joint committee on legislative facilities may designate an official legislative negotiator who shall serve at the pleasure of the committee.  This bill does not specify whether the negotiator shall be compensated.  The Legislative Branch states this bill may have an indeterminable fiscal impact on the legislature's budget.